The New Federalization Movement and the Roberts Court
12 Pages Posted: 21 Jul 2011
Date Written: July 20, 2011
Based on remarks prepared for a panel discussion, “Does the Roberts Court Represent a New Jurisprudential Era?,” as part of the Suffolk Law Donahue Lecture series, this essay contrasts the federalization movements in the late twentieth century initiated by Congress with early twenty-first century movements pursued by federal regulatory agencies. The essay argues that the more recent federalization efforts seek exclusive federal jurisdiction in certain regulatory areas which will serve to alter the cooperative federalism — with overlapping federal and state jurisdiction — that emerged from the late twentieth century movement.
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